11. lrb 487 notice of review, against refusal of planning
TRANSCRIPT
11. LRB 487 – Notice of Review, Against Refusal of Planning Permission in Principle for Erection of Dwellinghouse and Garage at Site by Millmoss Nurseries, Turriff, Aberdeenshire, AB53 8B – Reference: APP/2019/2835.
(i) Notice of Review, Review Statement and Supporting Documents as
submitted by the Agent.
588
Page 1 of 5
Viewmount Arduthie Road Stonehaven AB39 2DQ Tel: 01467 534333 Email: [email protected]
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100214924-002
The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Applicant or Agent DetailsAre you an applicant or an agent? * (An agent is an architect, consultant or someone else actingon behalf of the applicant in connection with this application) Applicant Agent
Agent DetailsPlease enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
Individual Organisation/Corporate entity
D K Meldrum Ltd
DAVID
MELDRUM
Cheynes Lane
10
The Drum
07800841674
AB53 4FQ
Scotland
Turriff
589
Page 2 of 5
Applicant DetailsPlease enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Site Address DetailsPlanning Authority:
Full postal address of the site (including postcode where available):
Address 1:
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Ms
Hannah
Aberdeenshire Council
Mackie Collyburn View
Collyburn
AB53 8FG
Aberdeenshire
848979
Turriff
373150
Collyburn View
590
Page 3 of 5
Description of ProposalPlease provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: *(Max 500 characters)
Type of ApplicationWhat type of application did you submit to the planning authority? *
Application for planning permission (including householder application but excluding application to work minerals).
Application for planning permission in principle.
Further application.
Application for approval of matters specified in conditions.
What does your review relate to? *
Refusal Notice.
Grant of permission with Conditions imposed.
No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal.
Statement of reasons for seeking reviewYou must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters)
Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account.
You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances.
Have you raised any matters which were not before the appointed officer at the time the Yes NoDetermination on your application was made? *
If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters)
Erection of Dwellinghouse and Garage
Supporting document details matters for review
591
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Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)
Application Details
Please provide the application reference no. given to you by your planning authority for your previous application.
What date was the application submitted to the planning authority? *
What date was the decision issued by the planning authority? *
Review ProcedureThe Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case.
Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No
In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:
Can the site be clearly seen from a road or public land? * Yes No
Is it possible for the site to be accessed safely and without barriers to entry? * Yes No
Checklist – Application for Notice of ReviewPlease complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid.
Have you provided the name and address of the applicant?. * Yes No
Have you provided the date and reference number of the application which is the subject of this Yes Noreview? *
If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/Aand address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? *Have you provided a statement setting out your reasons for requiring a review and by what Yes Noprocedure (or combination of procedures) you wish the review to be conducted? *
Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review.Please attach a copy of all documents, material and evidence which you intend to rely on Yes No(e.g. plans and Drawings) which are now the subject of this review *
Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent.
CL...COVERING LETTER P1 IMAGES YEAR 2000 L1 IMAGES SITE HISTORY DS DESIGN STATEMENT 1HM SITE BLOCK 2HM JUSTIFICATION 3HM DRAINAGE MILLMOSS2 LOCATIONPLAN
APP/2019/2835
17/02/2020
13/12/2019
592
Page 5 of 5
Declare – Notice of ReviewI/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mr DAVID MELDRUM
Declaration Date: 16/03/2020
593
Proposal DetailsProposal Name 100214924Proposal Description ERECT DWELLING & GARAGEAddress Local Authority Aberdeenshire CouncilApplication Online Reference 100214924-002
Application StatusForm completeMain Details completeChecklist completeDeclaration completeSupporting Documentation completeEmail Notification complete
Attachment DetailsNotice of Review System A4Millmoss 2 Attached A41HM Attached A32HM Attached A13HM Attached A3DS Attached A21CL Attached A3L1 GRAPHIC HISTORY OF SITE Attached A1P1 YEAR 2000 IMAGES Attached A1Notice_of_Review-2.pdf Attached A0Application_Summary.pdf Attached A0Notice of Review-002.xml Attached A0
594
D K Meldrum Ltd
THE DRUM
10 Cheynes Lane
Turriff
AB53 4FQ
Dear Sir/Madam
The basis of our request for a review of this planning application is for the panel to scrutinize why
previously developed land deemed brownfield and defined as such by Aberdeenshire Council reference
APP/2017/2083 has that designation rescinded and consequently APP/2019/2835 and APP/2019/2836
refused.
This large defunct site used to provide all forms of plantings for commercial and agricultural needs parts of
which can be seen in the photo taken in 2000 ref P1.
The area marked 1 and 2 is the application sites which show glasshouses with concrete dado walls,
concrete strip foundations, pad concrete foundations for internal structural columns. These glasshouse
were structural with ancillary concrete boiler-houses and large steel pipework throughout. As the Nurseries
consolidated and poly-tunnels found favour the frames of the glasshouses were taken down leaving the
concrete above ground dado walling, substructures, boiler-houses and block stores. These structures were
broken up and buried on-site when APP/2017/2836 was built. This was a tidying up exercise and part of
the ongoing rehabilitation of the brownfield site. Unfortunately this remedial work has been interpreted as
the site being returned to greenfield status (see definition) and noted by the case officer that structures are
"off-site " this is incorrect; under a skimming of earth and rye grass lie the broken up structures.
We were informed of the planning officers recommendation to refuse and he invited us to provide
photographs for members consultation. We provided the following images within a drawing ref L1 which
contained proof of the large glasshouse complex that historically stood there and the aerial images which
show the concrete and block part superstructure and substructure which had been utilized as raised beds
since frames taken down around 2008. This supporting information has not been uploaded into the
application on the Internet and is not referred to in the handling by the planning case officer. We believe
that this information needs to be considered by yourselves as it seems to have been overlooked or misfiled
within the councils safe keeping. The photos P1 verifies image/drawing L1.
We appreciate that interpretation of how an application sits against policy is the final remit of the decision
makers and that is why we seek to have the review board consider the key points.
Policy R2 Housing and employment development elsewhere in the countryside supports the development of
a dwellinghouse where the remediation of a brownfield site occurs. Although this application is for full
planning permission, the previous permission in principle (APP/2017/0137) was approved as it was
proposed to replace an existing greenhouse upon the site. It is acknowledged that the greenhouse has
since been removed however as the principle was established this year it is considered that for this
application the principle still stands as acceptable.
The proposed plot is considered quite large for a dwellinghouse which, although is within the countryside,
in reality is located just outside Turriff and exists somewhere between a suburban setting and a rural
setting. On balance the size of the plot is deemed acceptable as the plot is set back from the main
roadway and the development is remediating part of a very large brownfield site.
PLANNING OFFICERS REPORT OF HANDLING Application Reference: APP/2017/2083 Proposal:
Erection of Dwellinghouse Address: Millmoss Nurseries, Turriff, Aberdeenshire, AB53 8BJ ( APPROVED
& BUILT )
This proposal is to be assessed against Policy R2 from the Aberdeenshire Local Development Plan
2017 as the site on which the house would be located does not include any structures, it is grass
covered and clearly not brownfield in nature while any redundant structures are offsite. Raised
beds and small sheds had previously been onsite but these structures would not be considered
suitable candidates for replacement with a dwellinghouse regardless. The policy aims to balance rural
housing need with wider sustainability issues raised by allowing rural housing and in this case the use
of what is essentially a greenfield site is not considered to accord with the Policy.
The principle of development cannot be established against Policy R2 Housing and Employment
Development elsewhere in the Countryside as this policy allows only for the remediation of brownfield
land onsite while the site itself is greenfield (incorrect definition below) and any structures deemed
redundant which could be considered for replacement are offsite (incorrect) The application fails to
accord with the Aberdeenshire Local Development Plan 2017 and is recommended for refusal.
PLANNING OFFICERS REPORT OF HANDLING Application Reference: APP/2019/2835 &
(APP/2019/2836 ) Proposal: Erection of Dwellinghouse and Garage Address: Site by Millmoss
Nurseries, Turriff, Aberdeenshire, AB53 8BJ (REFUSED UNDER REVIEW )
"Greenfield Site: : Land which has not been developed, in either urban or rural areas " ( by planning
definition the application sites are not Greenfield Sites )
We believe that the photos P1 and L1 images/drawing along with all the application documents prove the
proposed sites constitute "Previously Developed Land" and as such can accord with national and local
authority planning policy.
Brownfield Land: Land which has previously been developed. The term may cover vacant or derelict
land, land occupied by redundant or unused building and developed land within a settlement boundary
where further intensification of use is considered acceptable.
EXTRACTS FROM;-The Planning (Scotland) Bill: Understanding planning jargon
Telephone 01888288635
Mobile 07800841674
Reference APP/2019/2835 & APP/2019/2836
Subject Review SITE No 1
Yours Faithfully
David K Meldrum
1
1
2
595
MILLMOSS
BITMAC
SURFACE
HRN
TRACTORS
DEFUNCT
MOD
DEFUNCT
MOD
DWELLING
ACCESS
DWELLING
FARM
BUILDINGS
Millmoss
GREENHOUSE
GREENHOUSE
STORES
BOILER
SHEDS
GARDEN
GARDEN
GARDEN
FREE
DRAINING
GRAVEL
DRIVE
GARDEN
GARDEN
EXISTING ACCESS
TO
PUBLIC
ROAD
EXISTING ACCESS
TO
PUBLIC
ROAD
D
I
S
M
A
N
T
L
E
D
R
A
I
L
W
A
Y
D
I
S
M
A
N
T
L
E
D
R
A
I
L
W
A
Y
D
I
S
M
A
N
T
L
E
D
R
A
I
L
W
A
Y
N
1
R
a
i
n
w
a
t
e
r
s
o
a
k
a
w
a
y
A
/C
A
/C
Filter bed
Graf 6
person
treatment
plant
R/E
R/E
R/E
R/E
Sampling
chamber
Parking
on self
draining
paviors
or bitmac
GARDEN
GARDEN
GARDEN
2
BLOCK & LOCATION PLAN 1;500
1
Rainwater
soakaway
A
/C
A
/C
Filter bed
Graf 6 person
treatment plant
R/E
R/E
R/E
R/E
Sampling
chamber
Parking on self
draining
paviors or
bitmac
GARDEN
GARDEN
GARDEN
SITE PLAN 1;200
AREA 1525M²
PROJECT DETAILS
DRAWING DETAILS
D K MELDRUM LTD
ARCHITECTURAL SERVICES
BUILDING CONSULTANCY
Mob: 07800841674
E-Mail: [email protected]
Office: THE DRUM
10 Cheynes Lane
Turriff
AB53 4FQ
Erection of dwelling & garage @
Site 1
Millmoss Nurseries
Turriff for Ms H Mackie
Proposals:
Scale as detailed
Date 10;12;2019
Drawn DKM
REF No 1HM
596
SHEDS
RAISED NURSERY BEDS
BLOCKWORK WALLS AND
STERILE SOIL/COMPOST
REMOVED AND GRASSED OVER
GREENHOUSES
REMOVED
GREENHOUSE
SUPERSTRUCTURE
REMOVED
RAISED NURSERY
BEDS BLOCKWORK
WALLS AND
STERILE
SOIL/COMPOST
REMOVED AND
GRASSED OVER
GREENHOUSE
SUPERSTRUCTURE
REMOVED
GREENHOUSES
REMOVED
2No MOBILE HOMES
REMOVED
SHEDS
SHEDS
SHEDS
SHEDS
SHEDS
SHEDS
APRIL 2017
Millmoss nurseries buildings and man made structures are defunct
area outlined in blue sold
SHEDS
SHEDS
SHEDS
SHEDS
SHEDS
SHEDS
SHEDS
STORES
GREENHOUSE
GREENHOUSE
GREENHOUSE
GREENHOUSE
GREENHOUSE
GREENHOUSE
RAISED
BEDS
RAISED
BEDS
RAISED
BEDS
RAISED
BEDS
ITEM 1
ITEM 2
ITEM 3OCTOBER 2019
Extent of buildings and structures demolished dismantled re-cycled
JULY 2019
Ordnance survey update their ariel view of Millmoss
ITEM 4October 2019
Area outlined in red brownfield development
approximately half of structures removed and a dwelling under construction
PROJECT DETAILS
DRAWING DETAILS
D K MELDRUM LTD
ARCHITECTURAL SERVICES
BUILDING CONSULTANCY
Mob: 07800841674
E-Mail: [email protected]
Office: THE DRUM
10 Cheynes Lane
Turriff
AB53 4FQ
Erection of Dwelling and garage
@ Site 1
Millmoss Nurseries
Turriff for Ms H Mackie
Proposals:
Scale nts
Date 10;12;2019
Drawn DKM
REF No 2HM
Millmoss Nurseries
Update on removing
buildings and structures to
progress Brownfield Site
Development
1
598
c/o D K Meldrum Ltd
1.00M
Site No 1 Millmoss
Nurseries Turriff
2.00M
480
3.2
8
24.00M²
MRICS MCIOB fully indemnified
D K Meldrum Ltd
28;11;2019
08;11;2019
2;00 p.m
damp showery overcast
THE DRUM 10 Cheynes Lane Turriff AB53 4FQ
filter bed
VP is less than 15 percolation
time is deemed fast. Therefore higher
standard of treatment to filter sand
bed adopted ref Scottish Building Standards &
SEPA
A=8x15x0.2=24m²A= PxVPx0.2
THE DRUM 10 Cheynes Lane Turriff AB53 4FQ
POROSITY TESTING 3No RESULTS 495secs
525
540
tot........520 / 150mm = 1.93VP
VP IS LESS THAN 15 THEREFORE WASTE WATER
TREATMENT AND FILTER BED
TO SEPA,s SATISFACTION
PIT No 1
3.00M
PIT No 2
850mm
top soil
CLEAN IRREGULAR SANDS
WITH SMALL COBBLES
DRAINAGE
REPORT
top
soil
no water table @ 2.10
below ground level
GROUND
LEVEL
GROUND
LEVEL
150mm
CLEAN IRREGULAR SANDS
WITH SMALL COBBLES
CLEAN IRREGULAR
SANDS
WITH SMALL &
LARGE COBBLES
1000mm
150mm
850mm
STORES
1
A
/C
A
/C
R/E
R/E
R/E
R/E
2
TEST PIT 1
TEST PIT 2
PROJECT DETAILS
DRAWING DETAILS
D K MELDRUM LTD
ARCHITECTURAL SERVICES
BUILDING CONSULTANCY
Mob: 07800841674
E-Mail: [email protected]
Office: THE DRUM
10 Cheynes Lane
Turriff
AB53 4FQ
Erection of dwelling & garage @
Site 1
Millmoss Nurseries
Turriff for Ms H Maclie
Proposals: DRAINAGE
Scale nts
Date 10;12;2019
Drawn DKM
REF No 3HM
599
DESIGNSTATEMENT
ERECTION OF DWELLINGHOUSE & GARAGE @
MILLMOSS
TURRIFF
PREPARED BY DK MELDRUM Ltd
TURRIFF
Built environment around site
Site Location and Justification
The site is Millmoss Nurseries situated beside Millmoss Farm off the A947 and overlooking
the rear section of the Turriff Agricultural Showground.There are various types of buildings
agricultural and domestic at this location all of which respect the vista.The business of
Millmoss Nurseries ceased a number of years ago with the then owners selling the land and
buildings. The dismantling of the many buildings was instigated more than a year ago and
is a progressive process with every effort to recycle materials on site, send scrap for
reclamation and salvageable greenhouses have been carefully dismantled and sold on to
be re erected as functional buildings. The application today is a result of these downtakings
and recycling presenting a brownfield site.
Constraints
Site has very little constraints with services at hand and good access to the public
road. At reserved matters though solar orientation will need to be addressed versus
the views to North over the Den
Performance & Sustainability
The driving force in the design will be to strike a balance between existing local built form
and appropriate use of materials,shape & form,construction type & technology all to
achieve a low energy use building. From these fundamentals a reduction in CO2 follows.
The structure is to timber kit,super insulated, air infiltration mitigated to below 1 air change
per hour corresponding heat recovery, solar water heating integrated into domestic water
supply, low kilowatt rated wet electric space heating throughout the building for fast
thermal response and troughs in severe weather.
Upvc engineered draughtsealed, triple glazed windows and doors. The roof to be sealed
for air movements with exceptionally high degree of insulation (major heat loss element )
the ground floor no ventilators & heavy weight insulated concrete construction. Walls
super insulated
All of the aforementioned elements have "u" values well above the minimum of the current
building standards.
To achieve the buildings efficiency commensurate with a low energy use dwelling the main
design factors are
Account for compass bearing, climate, topography and macro climate
Minimise windows to North maximise windows to South
Heavy weight concrete insulated ground floor as heat store.
Sealed building construction to achieve minimum air infiltration rates and to allow heat
recovery system to work at an optimum.
Fully integrated Solar roof collectors ( hot water)
CO2 production is realistically reduced
Proposal
To build a dwelling and establish a connection ,contrast and sense of place with the
surrounding built environment
Connection; The stores sheds and greenhouses at this former market garden nurseries
have been spread over a wide area and consisted of low rise structures. The
greenhouses most of which have been removed blended into the site overlooking The
Den because of their geometric shape akin to that of terraced dwellings. The proposal is
to erect two dwellings that build on the brownfield site with reference to the previous and
most recent building
Solution Strategy
Building overall shape, size, massing to reflect existing building footprints an optimum
design for living space and position on site. Study solar gain to South and views to North
N
E
S
W
COMPASS SOLAR GAIN
1
2
GREENHOUSE
GREENHOUSE
STORES
BOILER
SHEDS
GARDEN
GARDEN
D
I
S
M
A
N
T
L
E
D
R
A
I
L
W
A
Y
D
I
S
M
A
N
T
L
E
D
R
A
I
L
W
A
Y
1 2
THE
DEN
1 2
N
GREENHOUSES
POTTING SHEDS
NURSERY
GENERAL
PURPOSE
MILLMOSS
FARMHOUSE
ST GONGANS HOUSING
DEVELOPMENT
SHOWGROUND
SHEEP GRAZING
POULTRY SHEDS
FARMHOUSE
GREENHOUSES
GREENHOUSES
POTTING
SHEDS
NURSERY
GENERAL
PURPOSE
MILLMOSS
FARMHOUSE
A
RECENTLY COMPLETED
DWELLING "RYCON"
1
2
3
4
600
ORIGINAL GLASSHOUSES 1 AND 2
No 2 HAS BEEN MODIFIED AND EXTENDED SINCE 1959
WHILE AT OR ABOUT THE SAME TIME FRAMES AND
GLASS ON 1 HAS BEEN REMOVED LEAVING THE
FOUNDATIONS BLOCKWORK DADO WALLS AS RAISED
BEDS WITH BOILER HOUSES AT PERIMETERS
1
2
CONCRETE PAD FOUNDATIONS AND
PIERS FOR STEEL COLUMNS
BOILER HOUSES
BLOCKWORK DADO WALLS WITH
CONCRETE FOUNDATIONS
BLOCKWORK DADO WALLS WITH
CONCRETE FOUNDATIONS
SHEDS
SHEDS
PROJECT DETAILS
DRAWING DETAILS
D K MELDRUM LTD
ARCHITECTURAL SERVICES
BUILDING CONSULTANCY
Mob: 07800841674
E-Mail: [email protected]
Office: THE DRUM
10 Cheynes Lane
Turriff
AB53 4FQ
Erection of dwelling & garage @
Site 1 & 2
Millmoss Nurseries
Turriff
Proposals:
Scale nts
Date 15;03;2020
Drawn DKM
REF No L1
3
4
4
4
4
4
4
statics gone
3
3
3
3
4
4
4
4
4
4
4
3 = taken down
4 = to be taken down
IMAGE / DRAWING L1
601
PLOT 1
PLOT 2
PLOT
BUILT ON
2
1
1 APPLICATION SITE APP/2019/2835
2 APPLICATION SITE APP/2019/2836
3
2No GLASSHOUSES & 1No POLYTUNNEL
REMOVED FOR
PLANNING APPROVAL BW/2017/2083
4
4 GLASSHOUSES IN USE OF PREVIOUS
OWNER FOR FURTHER 10 YEARS TO CARE
FOR AND DISSEMINATE THE PROGENY
5
5
RESIDUE OF PREVIOUSLY
DEVELOPED LAND & BUILDINGS
P1 year 2000
P1 year 2015
3
PROJECT DETAILS
DRAWING DETAILS
D K MELDRUM LTD
ARCHITECTURAL SERVICES
BUILDING CONSULTANCY
Mob: 07800841674
E-Mail: [email protected]
Office: THE DRUM
10 Cheynes Lane
Turriff
AB53 4FQ
Erection of dwelling & garage @
Site 1 & 2
Millmoss Nurseries
Turriff
Proposals:
Scale nts
Date 15;03;2020
Drawn DKM
REF No P1
IMAGES P1
602